In the matter of
AMAX Coal Company
Wabash Mine
l.D. No. 11-00877
Petition for Modification
Docket No. M-96-006-C
Date Issued: 05/28/1997
PROPOSED ORDER OF DISMISSAL
On January 29, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b) to Petitioner's Wabash Mine, located in Wabash County, Illinois. The Petitioner alleges that application of the standard will result in a diminution of safety to miners and that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
On August 22, 1996, an amended petition was filed. The amendment proposed to expand the affected area of the petition, the unsafe-for-travel portion of the return aircourse, from 1100 feet in length to 2200 feet, due to additional roof deterioration and a roof fall across both entries at crosscut No. 35 in the 5 West return.
On February 5, 1997, MSHA's investigators provided supplemental information to previously submitted investigation reports confirming that the petitioned aircourse is now within a sealed area of the mine, that the petitioned standard no longer applies to the area, and, therefore, the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, AMAX Coal Company's Petition for Modification of 30 CFR 75.364(b) to its Wabash Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the bearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health